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THREE:The irritation which this note caused was increased by the fact that before it was communicated by Sir Henry Bulwer to the Spanish Minister, the Duke de Sotomayor, a copy of it had got into print in one of the Opposition journals. In replying to it the Duke reminded our representative that when Lord Palmerston sent the despatch in question the Spanish Cortes were sitting, the press was entirely free, and the Government had adopted a line of conduct admitted to be full of kindness and conciliation. He asked, therefore, what motive could induce the British Minister to make himself the interpreter of the feelings and opinions of a foreign and independent nation in regard to its domestic affairs, and the kind of men that should be admitted to its councils. The Spanish Cabinet, which had the full confidence of the Crown and the Cortes and had been acting in conformity with the constitution and the laws, could not see "without the most extreme surprise the extraordinary pretensions of Lord Palmerston, which led him to interfere in this manner with the internal affairs of Spain, and to support himself on inexact and equivocal data, and the qualification and appreciation of which could not, in any case, come within his province." They declined to give any account of their conduct at the instigation of a foreign Power, and declared that all the legal parties in Spain unanimously rejected such a humiliating pretension. And, he triumphantly asked, "What would Lord Palmerston say if the Spanish Government were to interfere in the administrative acts of the British Cabinet, and recommend a modification of the rgime of the State; or if it were to advise it to adopt more efficacious or more liberal measures to alleviate the frightful condition of[575] Ireland? What would he say if the representative of her Catholic Majesty in London were to qualify so harshly as your Excellency has done, the exceptional measures of repression which the English Government prepares against the aggression which threatens in the midst of its own States? What would he say if the Spanish Government were to demand, in the name of humanity, more consideration and more justice on behalf of the unfortunate people of Asia? What, in fine, would he say if we were to remind him that the late events on the Continent gave a salutary lesson to all Governments, without excepting Great Britain?"Thenby a process of argument so close, so logical, as to amount to a demonstrationSir Robert Peel meets this objection, and shows that the proposals of the Conservative party afforded no solution of the real difficulty. Granted that the overwhelming sense of the people of Great Britain was against concession, what aid could they afford in the daily, practical administration of the law in Ireland? If seditious libels were to be punished, or illegal confederacies, dangerous to the public peace, to be suppressed, the offenders could only be corrected and checked through the intervention of an Irish jury, little disposed, if fairly selected, to defer in times of political excitement to the authority of English opinion. But the real difficulty to be surmounted was not the violation of the law; it lay, rather, in the novel exercise of constitutional franchises, in the application of powers recognised and protected by the law, the power of speech, the power of meeting in public assemblies, the systematic and not unlawful application of all these powers to one definite purposenamely, the organisation of a force which professed to be a moral force, but had for its object to encroach, step by step, on the functions of regular government, to paralyse its authority, and to acquire a strength which might ultimately render irresistible the demand for civil equality. If, then, Irish agitation could not be repressed through the action of Irish juries, if the agitators kept strictly within the letter of the law, so that even a conviction by an Irish jury might be pronounced, by the highest legal authorities in England, an Act making trial by jury "a mockery, a delusion, and a snare," how was the public opinion of England and Scotland to be brought to bear in putting down the popular will in Ireland? It could be done only through the Imperial Parliament, by having a law passed to suspend or abolish the Constitution in Ireland. But the existing Parliament could not be got to pass any such measure, for the House of Commons had just voted that the proper way to put down agitation in Ireland was to grant Catholic Emancipation; and that the remedy of establishing civil equality ought to be tried without delay. Was[278] there any hope that a dissolution of Parliament would produce different results? No; for at the general election of 1826, Yorkshire, Lancashire, Middlesex, Surrey, Kent, and Devonshire sent representatives to Parliament, a majority of whom voted against the maintenance of Protestant ascendency in Ireland. The members for London, for Liverpool, for Norwich, for Coventry, for Leicester, were equally divided on the question; while the members for Westminster, Southwark, Newcastle-upon-Tyne, Preston, Chester, and Derby voted unanimously for concession. Now, the Parliament which assumed this Liberal complexion had been elected in circumstances calculated to call forth the strongest manifestation of Protestant feeling; for it was only the previous year that, after long discussion and a severe contest, the Commons had sent up to the Lords, by a majority of twenty-one, a Bill for the repeal of Roman Catholic disabilities. Then, with regard to Ireland, what would have been the effect of a general election there? Would not the example of Clare have been imitated in every county and borough where the Roman Catholic electors were the majority? And what would have been the effect of such an attempt on the public peace? Probably, to involve the whole island in the horrors of a civil and religious war; to be followed by another penal code.
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THREE:[See larger version]It was resolved to bring the matter before Parliament. Wilberforce gave notice of motion on the subject, but falling ill at Bath, Clarkson applied to Pitt and Mr. Grenville, and was strongly supported by Granville Sharp and the London committee. Pitt had not considered the subject till it was forced on his attention by the evidence before the Privy Council; but he had come to the conclusion that the trade was not only inhuman, but really injurious to the interests of the nation. He consented to introduce the question, and, on the 9th of May, gave notice that early in the next Session Parliament would take into consideration the allegations against the slave trade, made in upwards of a hundred petitions presented to it. He recommended this short delay in order that the inquiries before the Privy Council might be fully matured. But both Fox and Burkethe latter of whom had been thinking for eight years of taking up the questiondeclared that the delay would be as cruel as it was useless; that it did not become the House to wait to receive instructions from the Privy Council, as if it were dependent upon it, but that it ought to originate such inquiries itself. Sir William Dolben supported this view of immediate action, contending that at least a Bill should be brought in to restrain the cruelties of the sea-passage, which would otherwise sacrifice ten thousand lives, as hundreds of thousands had been sacrificed before. This was acceded to. Pitt's resolution was carried by a considerable majority; and Sir William Dolben, on the 21st of May, moved to bring in a Bill to regulate the transport of slaves. Sir William stated that there was no law to restrain the avarice and cruelty of the dealers, and that the mortality from the crowding of the slaves on board was frightful.
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THREE:The State prosecutions commenced in January, 1844, in the Court of Queen's Bench, before the Lord Chief Justice Penefather, and Justices Burton, Crampton, and Perrin. Besides the Attorney and Solicitor-General, there were ten counsel employed for the Crown, and there was an equal number on the side of the traversers, including Mr. Sheil, Mr. Hatchel, Mr. Moore, Mr. Whiteside, Mr. Monaghan, afterwards Chief Justice, Mr. O'Hagan, and Mr. Macdonogh. This monster trial was remarkable in many respects. It excited great public interest, which pervaded all classes, from the highest to the lowest. It lasted from the 16th of January to the 12th of February; the speech of the Attorney-General occupied two days; the jury list was found to be defective, a number of names having been secretly abstracted; newspaper articles were admitted as evidence against men who never saw them; the Lord Chief Justice betrayed his partiality in charging the jury, by speaking of the traversers as "the other side." The principal witnesses were shorthand writers from London, avowedly employed by the Government to report the proceedings of the monster meetings. Mr. Jackson, reporter for the Morning Herald, also placed his notes at the service of the Government. Mr. O'Connell defended himself in a long argument for Repeal, and an attack on the Government. The most brilliant orations delivered on the occasion were those of Sheil and Whiteside. Mr. Fitzgibbon, one of the counsel for the traversers, made a remark offensive to the Attorney-General, Mr. T. C. B. Smith, who immediately handed him a challenge, in the presence of his wife, while the judges had retired for refreshment. The matter was brought before the court, and, after mutual explanations, was allowed to drop.
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